Underlying Project definition
Examples of Underlying Project in a sentence
Except as set forth on Schedule 3.17, none of the Company, any of its Subsidiaries or, to the Knowledge of the Company, any of the Underlying Project is subject to any Order, and none of the Company, any of its Subsidiaries or, to the Knowledge of the Company, any of the Underlying Projects is in breach or violation of any Order, which would reasonably be expected to result in a claim for damages against the Company in excess of $250,000 individually or $500,000 in the aggregate.
None of the current employees of the Company or any of its Subsidiaries (“Employees”) is represented in his or her capacity as an employee of the Company or any of its Subsidiaries by any labor organization, other than with respect to a foreign Underlying Project or any Law of the jurisdiction in which employees of such Underlying Project are located that functions as a labor agreement or provides protection for groups of individuals under common employment.
The Company, its Subsidiaries or Underlying Project, as applicable, is the owner and holder of the leasehold estates purported to be granted to it as lessee by the Real Property Leases.
If required, each insured shall be considered primary with regards to any insurance maintained by ―875 Woodstock‖ and shall name ―875 Woodstock‖ as additional insured and provide coverage for bodily injury (including loss of life) and property damage.
To the Knowledge of the Company, the Underlying Project Properties constitute all material interests in real property currently used, occupied or currently held for use in connection with the business of the Underlying Projects and which are necessary for the continued operation of the business of the Underlying Projects as the business is currently conducted.
Except as would not, individually or in the aggregate, be expected to have a Material Adverse Effect, to the Knowledge of the Company, each of the Underlying Project Leases is in full force and effect.
For purposes of this Section 3.9, any Underlying Project that is also a Subsidiary shall be treated as a Subsidiary.
Neither the Company, its Subsidiaries nor any Underlying Project, as applicable, nor, to the Knowledge of the Company, any other party to a Real Property Lease, has given or received any written notice of a breach or default which remains uncured under any Real Property Lease, nor, to the Knowledge of the Company, has there occurred any event that with the passage of time or the giving of notice or both would constitute a material breach or default which remains uncured thereunder.
Neither the Company, its Subsidiaries nor any Underlying Project, as applicable, nor, to the Knowledge of the Company, any other party to any RP Option Agreement set forth in Schedule 3.10(f)(i), has given or received any written notice of breach or default which remains uncured under any RP Option Agreement, nor, to the Knowledge of the Company, has there occurred any event that with the passage of time or the giving of notice or both would constitute a breach or default which remains uncured thereunder.
To the Knowledge of the Company, the Underlying Projects do not have any Indebtedness or Liabilities other than those incurred in the Ordinary Course of Business of such applicable Underlying Project, those paid that have been discharged or paid in full prior to the date hereof, those that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect or those set forth on Schedule 3.8.